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Please help! Property

  • lizzied2112
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14 Jun 17 #493335 by lizzied2112
Topic started by lizzied2112
My ex agreed all proceeds to me once we sold our house. It's just sold but he now wants the house in my kids names as I have a new partner. My plan was to write a will leaving the house to the kids but in the event of my death first my partner will be allowed to live there til his death. The house would then pass to my children. The ex wants something more concrete...I don't know what my options are...please help as this is getting me down

  • Under60
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14 Jun 17 #493338 by Under60
Reply from Under60
That sounds like manipulation to me!
As in you can't have anything!
You need it because when your kids decide to throw you out you will be homeless.
Get some advice on a Consent Order.
I totally agree with you with writing a will to leave to your kids, but what he needs to realise is that you need somewhere to live forever too.

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14 Jun 17 #493340 by lizzied2112
Reply from lizzied2112
Thanks for your reply. Everything is about what he wants! I will check out the consent order

  • LittleMrMike
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15 Jun 17 #493343 by LittleMrMike
Reply from LittleMrMike
Quite simply - do you have a Court order or do you not ?

If you have, the order itself will ( or should ) set out the rights of all parties.

If you haven't - well, a solicitor / conveyancer should be very reluctant to accept instructions from joint owners to sell a
property without signed instructions from both owners as to what
is to happen to the purchase money.

Did this happen ?

If so, my guess is that your ex would find great difficulty in going back on the agreement if the property was indeed sold. It is
a principle called ' estoppel ' which is hard enough to explain even to law students.

First of all, you need to establish the facts. Are they as I have
surmised ?

LMM

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15 Jun 17 #493344 by lizzied2112
Reply from lizzied2112
There was no court order. It was just a verbal agreement between myself and my ex that all proceeds would go to me. Our house has just sold and we are in the processing if signing the conveyancing forms. Providing he is happy with the ownership of my new house the ex will sign all proceeds to me.

The problem is he wants my new house in my kids names or wants something concrete to say that the house will go to my kids. I have a partner who I need to make provision for in the event of my death as he will be moving in with me. My ex is not happy with a will stating that my partner can live in the house until his death at which point the house goes to the kids. Is there anything I can do to ensure the house goes to the kids whilst still making provision for my partner in the event of my death? Thanks

  • Tamarasuju
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15 Jun 17 #493369 by Tamarasuju
Reply from Tamarasuju
You should ask a lawyer to make sure if there is any option.

  • LittleMrMike
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16 Jun 17 #493383 by LittleMrMike
Reply from LittleMrMike
As far as the children go, it is possible for property to be held in
trust for children when they reach the age of 18.

But arrangements like this must be reduced to writing and documented ; otherwise there may be subsequent disagreements as to what's intended.

I think you might as well accept that your ex has no obligation
whatever to make provision for housing your new partner.

I don't think I'd be too pleased if my wife divorced me and she got the house, and then promptly moved a new partner in. I feel as
sure as I can be that the Courts would subscribe to the view in the third paragraph.

LMM

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